Terms and Conditions

 

Evenses B.V. | Oudeschans 85-4, 1011 KW Amsterdam | T: +4420-80891304 | E: [email protected]www.evenses.co.uk
KvK:66942357 | BTW nr. : NL856762441B01 | ING Bank IBAN: NL97 INGB 0006 0579 61 t.n.v. Evenses B.V.

 

GENERAL TERMS AND CONDITIONS Evenses BV, September 2016

 

These General Terms and Conditions of Stichting Webshop Keurmerk have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social Economic Council and take effect on 1 June 2014.

 

These Terms and Conditions will be used by all members of the Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act and insofar as the Netherlands Authority supervises these services for the Financial Markets.

 

These General Terms and Conditions apply to all correspondence, including agreements, offers and offers, from Evenses BV, established in Amsterdam.

 

Index:

 

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of the right of the withdrawal

Article 11 - The price

Article 12 - Compliance agreement and additional warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Branch guarantee

Article 19 - Additional or different provisions

Article 20 - Modification of the general terms and conditions of Stichting Webshop Keurmerk

Article 21 - The agreement between Evenses BV and suppliers

Article 22 - Third parties

Article 23 - Artist & Event

Article 24 - Promotional materials

Article 25 - Intellectual Rights

Article 26 - Prices and Gages

Article 27 - Payments from Artists and Suppliers to Evenses BV

Article 28 - Liability and indemnity

Article 29 - Dissolution

Article 30 - Force majeure and impracticability

Article 31 - Incompatibility / gaps

Article 32 - Conditions for construction and dismantling

 

Article 1 - Definitions

In these conditions:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content the receipt of the acceptance of the offer electronically services in connection with a distance contract and these goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an appointment between that third party and the entrepreneur;

2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;

4. Day: calendar day;

5. Digital content: data produced and delivered in digital form;

6. Term Agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;

7. Durable data carrier: every device - including e-mail - that enables the consumer or trader to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

8. The right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and / or services to consumers at a distance;

10. Remote agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusively or use is made of one or more techniques for distance communication;

11. Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions;

12.Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time;

- Specific addition Evenses BV -

13.EVENSES BV: The user of these General Terms and Conditions. Evenses BV operates the websites  www.muziekhuren.com, www.thomasverheul.nl, www.johnandmrsmith.com , and  www.evenses.com, www.evenses.be .

14. CLIENT: The person who gives Evenses BV an assignment for a performance by an artist of Evenses BV;

15.ARTSTAIN: The professional (s) in the field of arts and entertainment, being artist, band, act, combo, ensemble, duo, musical company, singer, presenter, musician and / or practising artist; who works on behalf of Evenses BV. This can also be a supplier. A supplier is a person who has committed himself directly or indirectly to Evenses BV, to provide services and / or to make goods available. All this in the broadest sense of the word, such as room hire, transport, decoration, lighting, sound, catering and security;

16.WEATHER PARTY: The Client and / or the Supplier;

17. MULTIPLE: All changes/additions to, on or arising from the agreement concluded with the Client, as a result of which Evenses BV and third parties engaged by it must perform more work and/or make higher (on) costs;

18.RIDERS: Special, additional provisions with regard to the performance of the artist, as well as with the nature of the contracted performances, which provisions are inextricably linked to the agreement;

19.Goals sum: being the net fee plus social charges and employers' costs and possibly increasing it with turnover tax;

20. ACTION: The (artistic) performance to be delivered, as described in the agreement;

21. AGREEMENT: The agreement that Evenses BV and the Client entered into following a booking/performance of an artist of Evenses BV;

22. PARTIES. Evenses BV, Artists and the Client jointly.

23.WEBSITES: Evenses BV provides bookings with multiple websites. The websites listed below are: 

www.thomasverheul.nl 
www.evenses.com 
www.evenses.be 
www.evenses.de 
www.muziekhuren.com 
www.johnandmrsmith.com

In addition, we represent several artists on an exclusive basis.

 

Article 2 - Identity of the entrepreneur

Name entrepreneur: Evenses BV

Business address and visiting address: Oudeschans 85-4, 1011KW Amsterdam, The Netherlands

Telephone number and availability: 085-7920202 (NL), 02-8084961 (BE), available 24/7.

E-mail address:  [email protected]

Chamber of Commerce number; 66942357

VAT identification number; NL85672441B01

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been established between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur before the distance contract is concluded, indicate how the general terms and conditions at the entrepreneur can be seen and that they will be sent free of charge as soon as possible at the request of the consumer.

3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall also apply mutatis mutandis, and the consumer may in the event of conflicting situations always invoke the applicable provision that is most applicable to him favourable.

- Specific addition Evenses BV -

5. Any stipulations deviating from these General Terms and Conditions, including those included in the General Terms and Conditions applied by the Other Party, are not binding on Evenses BV, unless they have been explicitly accepted in writing by Evenses BV in advance.

6. Other terms and conditions only form part of the Agreement concluded between the Parties if and insofar as both parties have agreed this in writing.

7. The acceptance and retention of a quotation, offer, agreement or order confirmation to which the Principal refers to these terms and conditions, as consent to its application.

8. Any non-application of a (part of a) provision of these General Terms and Conditions does not affect the applicability of the other requirements.

 

Article 4 - The offer

1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the offered products, digital content and services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

- Specific addition Evenses BV -

4. All offers, both written and oral, of Evenses BV are always without obligation.

 

Article 5 - The contract

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the corresponding conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data, and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur can within statutory frameworks - inform whether the consumer can meet his payment obligations, and of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.

5. At the latest on the delivery of the product, the service or digital content, the entrepreneur shall send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the business location of the trader where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing service after purchase;

d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

f. if the consumer has a right of withdrawal, the model form for withdrawal.

6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

- Specific addition Evenses BV -

7. Evenses BV will record the Agreement with the Other Party in writing and send it to the Other Party as soon as possible. The Other Party shall ensure that Evenses BV receives a signed copy of this agreement, but within 7 (seven) days after the date of the contract.

8. If Evenses BV has not received the copy of the Agreement signed by the Other Party within 7 (seven) days of the date of the Other Party, then Evenses BV has 
the right to terminate the agreement, with the exception of the right to fulfil its obligations , therefore without to become liable for damages, provided this is communicated to the Other Party by post or e-mail within a reasonable period.

9. Evenses BV is entitled to extra costs, due to the occurrence of an obstacle of whatever nature, in the progress of the execution of the Agreement and / or due to activities or services not specified in the Agreement, as Extra Work at to charge the Client.

10. Extra work may be charged separately. It is calculated by the conditions set at the conclusion of the Agreement. Less work will only be settled if Evenses BV explicitly agreed to this in advance in writing.

11. Any provisional requests and options on performances will expire within 14 (fourteen) days, without giving reasons and without notice. The Client can convert these into the final agreement (s) and/or booking (s) or cancel the request/option free of charge. This must be done in writing (by email or by letter).

 

Article 6 - Right of withdrawal

With products:

1. The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).

2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

a. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.

b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

c. in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not delivered on a tangible medium:

3. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).

4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

 

- Specific addition Evenses BV -

5. After the period of 14 the following cancellation conditions apply: 
1. The Principal must immediately notify Evenses BV of all or part of the cancellation of the Agreement concluded with Evenses BV by registered letter. In the event that the Client cancels the agreement concluded with Evenses BV up to 90 (ninety) days before the event (in part), the Client shall owe, in addition to any compensation, 20% (twenty percent) of the total invoice amount towards Evenses BV.
2. In the event the Client cancels the agreement concluded with Evenses BV 89 (eighty-nine) to 31 (thirty-one) days before the event (in part), the Client is in addition to any compensation, at least 40% (forty percent) ) of the total invoice amount towards Evenses BV. 
a. From the 31st (thirty-first) day until 14th (fourteenth) before the event, the Client owes 60% (60%) to Evenses BV. 
b. For cancellation from the 14th (fourteenth) day to 7 (seven) days before the event, the client owes 80% (eighty percent) of the invoice amount.
c. If the Client cancels (partially) the agreement with Evenses BV within 7 (seven) days before the event, he will owe the entire (one hundred percent) invoice amount. 
d. The Client and Artist fully indemnifies Evenses BV against any claim by a Supplier and / or third party, resulting from the (partial) cancellation of the agreement. 
e. Cancellation by Evenses BV to Clients at all times possible in case of force majeure and / or illness of Evenses BV. Any prepaid amounts from the Client in respect of an agreed Performance that does not take place will be refunded to the Client.
f. Free cancellation by Evenses BV to Artists and all other suppliers is at all times free of charge. Examples: this is possible when the Client still books another Artist, chooses a different time, when Artist cannot, etcetera. 
g. If the suppliers of Evenses BV apply stricter conditions with regard to cancellation fees, practical wishes and other matters, then these apply.

Extended cooling-off period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:

6. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period shall expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

7. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling off period, the cooling-off period expires 15 days after the day on which the consumer receives this information.

8. Evenses BV uses a cooling-off period of 15 days. A booking is after confirmation 15 days completely free of obligation. The booking can then be cancelled free of charge, without giving any reason. After this, the booking becomes final and a payment obligation applies. If the booking takes place within 45 days from the moment you confirm, you agree that you renounce the cooling-off period, a booking becomes immediately definitive and a payment obligation immediately applies. By confirming you agree to the terms and conditions.

 

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

2. The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.

3. The consumer is not liable for the value reduction of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.

 

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in an unequivocal manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.

3. The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.

6. If the consumer rescinds after having first expressly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale start in a limited volume or quantity during the cooling-off period, the consumer is the entrepreneur owes an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the moment of withdrawal, compared with the full fulfilment of the obligation.

7. The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model form for withdrawal, or;

b. the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period.

8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:

a. prior to the delivery, he has not expressly agreed to commence the fulfilment of the contract before the end of the cooling-off period;

b. he has not acknowledged to lose his right of withdrawal when giving his consent; or

c. the entrepreneur has failed to confirm this statement from the consumer.

9. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 - Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.

2. The trader will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.

3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

 

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period

2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;

3. Service contracts, after full execution of the service, but only if:

a. the execution has begun with the express prior consent of the consumer; and

b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;

4. Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;

5. Agreements with regard to leisure activities, if a certain date or period of execution is provided for in the agreement;

6. Products manufactured according to the consumer's specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer or which are clearly intended for a specific person;

7. Products that spoil quickly or have a limited shelf life;

8. Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;

9. Products which by their nature are irrevocably mixed with other products after delivery;

10.Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the entrepreneur has no influence;

11. Sealed audio, video recordings and computer software, the seal of which was broken after delivery;

12. Newspapers, magazines or magazines, with the exception of subscriptions to this;

13.The supply of digital content other than on a tangible medium, but only if:

a. the execution has begun with the express prior consent of the consumer; and

b. the consumer has stated that he thereby loses his right of withdrawal.

 

Article 11 - The price

1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.

3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or stipulations; or

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

 

- Specific addition Evenses BV -

6. All offers, quotations, price lists, delivery times etc. of Evenses BV are without obligation, unless they contain a term for acceptance. If a quotation or an offer contains an offer without obligation and this offer is accepted by the Client or Artist, then Evenses BV has the right to revoke the offer within two working days after receipt of the acceptance.

7. The Client or Artist cannot derive any rights from images and descriptions provided by or on behalf of Evenses BV in offers, brochures, catalogues and other promotional material. The aforementioned data do not bind Evenses BV.

8. Evenses BV cannot be held to its offer and / or offer if the Client or Artist can reasonably understand that this or any part thereof contains an obvious mistake or error

9. A composite quotation does not oblige Evenses BV to perform a part of the assignment against a corresponding part of the stated price. Offers and quotations do not automatically apply to future offers, quotations and agreements.

 

Article 12 - Compliance agreement and additional warranty

1. The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal rights existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur under the contract if the entrepreneur has failed to fulfil his part of the contract. agreement.

3. An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfil his part of the contract. the agreement.

 

Article 13 - Delivery and execution

1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.

5. The risk of damage and / or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and made representative to the entrepreneur, unless explicitly agreed otherwise.

 

Article 14 - Duration transactions: duration, cancellation and extension

Cancellation:

1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period. up to one month.

3. The consumer may conclude the agreements referred to in the previous paragraphs:

- cancel at any time and not be limited to termination at a specific time or in a given period;

- cancel at least in the same way as they have entered into by him;

- always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

4. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

5. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has renewed this extension. agreement by the end of the extension can terminate with a notice period of no more than one month.

6. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Expensive:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term. to resist.

 

Article 15 - Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the commencement date, or in the absence of a cooling-off period within 14 days after the close of the contract. agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

2. When selling products to consumers, the consumer may never be obliged to pay in advance more than 50% in general terms and conditions. If payment in advance is stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.

3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

4. If the consumer does not fulfil his payment obligation (s) in time, after he has been informed by the trader of the late payment and the trader has given the consumer a period of 14 days to still fulfil his payment obligations, after the payment has not been made within this 14-day period, the legal interest is due on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

 

- Specific addition Evenses BV -
 

5. Unless expressly agreed otherwise in writing in advance, payment must be made by the Client 14 (fourteen) days prior to the delivery date, without the Client being entitled to setoff and / or suspension. Additional work arising after payment of the invoice must be paid within 5 days after the additional invoice date.

6. If the Client has not fulfilled all its payment obligations in time, it is legally in default. Evenses BV then has the right, without further notice, to demand legal action from the Client.

7. Notwithstanding the above, the Client is obliged to compensate all other costs reasonably incurred by Evenses BV, including the full legal costs.

8. In the event that the Client acts in conflict with paragraph 1 and / or paragraph 7 of this article, Evenses BV shall be entitled to suspend its obligations towards the Client.

9. In the event that there is more than one Client, each of the Clients will be jointly and severally liable towards Evenses BV for full payment of the invoice amount.

10.Evenses BV is always entitled to request the Client to provide sufficient security for the fulfilment of its payment obligations. The Client is always obliged to provide the requested security at the first request of Evenses BV.

11. Payments made by the Client always serve to settle all interest and costs due and subsequently serve to settle the claim or invoice that has been outstanding the longest, even if the Client states that the payment relates to a later invoice.

12.If the Client has, or will receive, one or more claims against Evenses BV, the Client will waive the right to settlement in respect of these claims. The aforementioned waiver of the right to settlement also applies if the Client applies for (provisional) suspension of payment or is declared bankrupt.

13.The Client undertakes never to make direct payments to Evenses BV towards a Supplier, unless otherwise agreed.

 

Article 16 - Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the website of Stiching Webshop Keurmerk ( http://keurmerk.info/Home/MisbruikOfKlacht ) The complaint will then be both to the relevant entrepreneur as sent to Stichting Webshop Keurmerk.

5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute settlement rules.

 

- Specific addition Evenses BV -

6. In cases of unforeseen circumstances, the parties must immediately inform each other. Complaints, of whatever nature, with regard to the execution of any obligation under the Agreement concluded with Evenses BV, must be reported immediately. Any damages that may arise must be kept to a minimum by both Parties. Furthermore, complaints must be clearly stated and well-motivated, as soon as possible, but in any event within 5 (five) days after the event, to Evenses BV be notified by registered letter, this on pain of forfeiture of any claim.

7. Complaints do not suspend the payment obligation of the Client.

 

Article 17 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

2. Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur, subject to the provisions below, can be submitted by both the consumer and the entrepreneur to the customer. Disputes Committee Webshop, PO Box 90600, 2509 LP in The Hague ( www.sgc.nl ).

3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.

4. No later than twelve months after the dispute arises, the dispute must be submitted in writing to the Disputes Committee.

5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to make a written statement within five weeks after a request made by the entrepreneur in writing, whether he wishes to do so or whether the dispute is to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.

6. The Disputes Committee will make its award under the conditions as set out in the rules of the Disputes Committee ( http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop ). The decisions of the Disputes Committee are made by way of binding advice.

7. The Disputes Committee will not deal with a dispute or will discontinue the proceedings if the Entrepreneur is granted a moratorium, has been declared bankrupt or has effectively terminated his business activities, before a dispute has been dealt with by the Committee at the hearing and a final statement has been made.

8. If, in addition to the Geschillencommissie Webshop, another disputed Disputes Committee affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, for litigation concerning mainly the method of sale or service at a distance the Geschillencommissie Stichting Webshop Keurmerk preferably authorized. For all other disputes the other recognized disputes committee affiliated with SGC or Kifid.

 

Article 18 - Branch guarantee

1. Stichting Webshop Keurmerk guarantees compliance with the binding recommendations of the Disputes Committee Foundation Webshop Keurmerk by its members, unless the member decides to submit the binding opinion to the court for review within two months after sending it. This guarantee revives if the binding advice has been maintained after review by the court and the judgment that shows this has become final. Up to an amount of € 10,000 per binding advice, this amount is paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than € 10,000, - per binding advice, € 10,000 will be paid out. For the multiple, Stichting Webshop Keurmerk has a best efforts obligation to ensure that the member complies with the binding advice.

2. Application of this guarantee requires that the consumer makes a written appeal to Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to Stichting Webshop Keurmerk. If the claim on the entrepreneur amounts to more than € 10,000, the consumer is offered to transfer his claim in so far as it exceeds the amount of € 10,000, to the Stichting Webshop Keurmerk, after which this organization pays the payment in its own name and costs. in court will ask for satisfaction to the consumer.

 

Article 19 - Additional or different provisions

Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

 

Article 20 - Modification of the general terms and conditions of the Consumers' Association

1. Stichting Webshop Keurmerk will not change these general terms and conditions than in consultation with the Consumers' Association.

2. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in the case of applicable changes during the term of an offer the most favourable provision for the consumer will prevail.

Address Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA Amsterdam

- All subsequent articles are specific additions of Evenses BV -

 

Article 21 - The agreement between Evenses BV and suppliers

1. All offers, both written and oral, of Evenses BV are always without obligation.

2. An offer becomes a definitive Agreement when the Artist confirms the booking with Evenses BV orally, by telephone or by e-mail. At this moment, the Artist is also confirmed by Evenses BV and an Agreement has been concluded.

3. Evenses BV will record the Agreement in writing with the Artist and send it to the Artist as soon as possible. The Artist ensures that a signed copy of this agreement is received by Evenses BV, but within a period of 7 (seven) days after the date of the agreement.

4. If Evenses BV has not received the copy of the Agreement signed by the Artist within 7 (seven) days of the date of the Artist, then Evenses BV has 
the right to terminate the agreement, with the exception of the right to performance, therefore without to become liable for damages, provided this is communicated to the Artist by post or e-mail within a reasonable period.

5. Evenses BV is entitled to extra costs, due to the occurrence of an obstacle of whatever nature, in the progress of the execution of the Agreement and / or due to activities or services not specified in the Agreement, as Extra Work at to charge the Artist.

6. Additional work may be charged separately. Extra work is calculated on the basis of the conditions set at the conclusion of the Agreement. Less work will only be settled if Evenses BV explicitly agreed to this in advance in writing.

7. If complaints arise about the supplier's quality of delivery, all resulting damage will be recovered from supplier.

8. Any provisional requests and options on Performances expire within 14 (fourteen) days, without giving reasons and without notice. The Artist can convert these into final agreement (s) and / or booking (s) or cancel the request / option free of charge. This must be done in writing (by email or by letter).

 

Article 22 - Third parties

1. Evenses BV is authorized to call in third parties to implement what has been agreed. 
2. Evenses BV is not liable for any damage whatsoever caused by the actions of a third party. 
3. Evenses BV is not liable for any damage whatsoever that is caused by the actions of an Artist.

 

Article 23 - Artist & Event

1. The Client declares, by entering into the agreement with Evenses BV, to be fully acquainted with the performances of Evenses BV and / or the Supplier, as well as with the type and / or nature of the contracted performances. 
2. The rights to be paid by virtue of any intellectual property right, including to BUMA / STEMRA with regard to the music rights and to SENA with respect to the neighbouring rights, shall be for the account of the Client, unless otherwise agreed in writing. 
3. The Client guarantees:
a. that in the event that there is a podium that this stage is sound, protected and covered, so that the weather conditions (in the case of outside performances) cannot reasonably harm Evenses BV and its properties, the service Artists, its stakeholders and / or business of the Supplier and / or Evenses BV. At the same time, the Client will then arrange for deployed crush barriers at a considerable distance from the podium; 
b. that, if the circumstances at the time of the event were to make this necessary, in consultation with Evenses BV a professional order service is present on the spot; The Client remains responsible for maintaining the order during construction, operation and dismantling;
c. If Rider (s) have been provided by Evenses BV then this must be complied with by the Client. Evenses BV will inform the Client at the presentation of the contract about the Rider (s) used by Evenses BV; 
d. that any activities of others and / or third parties in the same space (s) in / upon the Performance will be terminated in time or impede for Evenses BV and its Supplier (s); 
e. that the maximum number of persons allowed, under fire regulations and / or other regulations, whether or not the government, in the room where the performance will take place, will not be exceeded. 
4. The Client declares to be familiar with:
a. that Evenses BV and its employees, who must necessarily be present at the performance, are entitled to at least three free drinks during the hourly performance, unless otherwise agreed in writing in advance; 
b. that Evenses BV and its employees, who must be present at the performance, are entitled to a free simple meal, if the participation in the event lasts longer than 2 (two) hours; 
c. that Evenses BV and its employees are entitled to pause each contracted hour for 15 (fifteen) minutes, unless otherwise agreed in advance in writing.
5. An agreed time at which the Performance will commence is indicative and can never be regarded as a deadline. Only with the consent of Evenses BV the duration of a performance can be extended and charged as extra work. 
6. The making of image and / or sound recordings is only permitted after permission from Evenses BV or the Artists service.
7. Evenses BV reserves the right to cancel (a part of) the event, either in consultation with the Client to move the event to another date (this under the same conditions), in case Evenses BV at or near the date of the event has a television appearance, TV recording, radio performance, foreign tour or any other important promotional activity, without this causing Evenses BV to pay compensation vis-à-vis the Client. The Agreement will be dissolved in this case.
8. In the event that a situation occurs as described above in paragraph 7, or the relevant Evenses BV is unable to act during the event due to illness and / or force majeure, Evenses BV has the right to take the relevant action. cancel, without Evenses BV being liable to pay compensation to the Client. 
9. The Supplier (s) guarantees to correctly implement its obligations arising from the agreement concluded with Evenses BV with regard to the services to be provided and / or the items to be made available. 
10. The Artist guarantees to correctly implement his obligations arising from the agreement concluded with Evenses BV with regard to the services to be delivered and / or the items to be made available.
11. The parking of vehicles of Evenses BV should be possible within a radius of 100 (one hundred) meters from the place of the performance. Any parking costs are at the expense of the Client. 
12. Evenses BV has the right to produce an acceptable volume and customary sound volume.
13. If Evenses BV is forced to terminate the Performance (prematurely) due to vandalism of the public or third parties or due to a technical malfunction, Evenses BV reserves the right to claim the agreed total amount. All damage to equipment and / or property of Evenses BV is at the expense of the Client. These must be paid in full to Evenses BV within 10 (ten) days after invoicing. Any repairs are completed by a party appointed by Evenses BV. 
14. If the safety of Evenses BV and / or Evenses BV cannot be guaranteed, these parties are entitled to stop the Performance permanently or temporarily while retaining the full fees.
15. If during the Performance, sound limiters and / or maximum volumes must be taken into account, Evenses BV must be informed of this in writing or by e-mail at least 14 days in advance. 
16. The artistic services of Evenses BV can be subject to changes and / or implementation modalities in view of the creative character, without this giving rise to a right to compensation. 
17. If the Client requests to start the Performance later than stated in the contract, this request can only be satisfied with the consent of Evenses BV. Any waiting time can be passed on to the costs.

 

Article 24 - Promotional materials

1. The Client requires written permission from Evenses BV with regard to the mention and / or image of Evenses BV on the promotional material to be produced, in the broadest sense of the word (including the internet). 
2. The Client guarantees the correct name of the Artist in all statements concerning the Performance. 
3. The Client is not permitted to distribute and / or sell sound carriers, posters, posters and / or other articles with name, image, logo etc. of Evenses BV without written permission from Evenses BV or Artist.

 

Article 25 - Intellectual Rights

1. The rights (of intellectual property) on all concepts developed and developed by Evenses BV and service artists for the benefit of a (part of an) event, which are presented and / or made available to the Client, including agreements, offers , quotations, documentation, designs and / or other (written) elaborations, rest solely with Evenses BV. The Client is not permitted to use the aforementioned concepts without the prior written consent of Evenses BV or to make the content known to third parties.

 

Article 26 - Prices and Gages

1. Price quotations are always made on the basis of the prices applicable at the time of the quotation and / or the conclusion of the agreement.
2. If between the time of conclusion of the agreement with the Artist and the moment of compliance with the obligation under this agreement on the part of Evenses BV, price increases - for example with regard to fiscal charges, excise duties, labour costs, transport costs, technical and / or organizational costs - should arise, Evenses BV is entitled to charge these costs to the Client. The same applies between Evenses BV and service artists. If the aforementioned price increases are disproportionate to the level of the quotations at the time of the conclusion of the agreement, each of the parties has the right to dissolve the Agreement.
3. Unless stated otherwise, all quotations from Evenses BV to the Client are exclusive of travel costs, possibly additional light and sound sets and without the rights to be paid to BENA to BUMA / STEMRA and / or SABAM and / or to SENA. 
4. Evenses BV is not responsible for the payment of costs and / or rights concerning creative, copyright and other types of levies. The client is responsible for payments to BUMA / STEMRA and / or SABAM and / or to the SENA and / or other (copyright) organizations. 
5. Payroll tax (s) and / or social security premium (s) are included in a Purchase Price.

 

Article 27 - Payments from Artists and Suppliers to Evenses BV

1. Unless expressly agreed otherwise in writing in advance, payment must be made by the Artist within 10 (ten) days of the invoice date, without the Artist being entitled to setoff and / or suspension. Meerwerk must also be paid within 10 days after the invoice date. 
2. If the Artist has not fulfilled all his payment obligations in time, he will be in default by operation of law. Evenses BV then has the right to claim performance from the Artist in court without further notice.
3. In the event of non-payment, late payment or late payment, the Artist will owe interest on the amount due to Evenses BV for each month equal to the statutory interest plus a contractual interest of 2% (two percent) per month, with a part of the month in the calculation is regarded as a whole month. In that case, the Artist also owes Evenses BV the extrajudicial collection costs, which amount to 15% (fifteen percent) over the amount due, but with a minimum of € 250, - (two hundred fifty euros). 
4. Without prejudice to the foregoing, the Artist is obliged to reimburse all other costs reasonably incurred by Evenses BV, including the full legal costs.
5. In the event that the Artist does not act in the interest of Evenses BV, Evenses BV has the right to suspend its obligations towards the Artist. 
6. In the event that there is more than one Artist, each of the Artists towards Evenses BV shall be jointly and severally liable for the full payment of the invoice amount. 
7. Evenses BV is always entitled to request the Artist to provide sufficient security for the fulfilment of his payment obligations. The Artist is always obliged to provide the requested security at the first request of Evenses BV.
8. Payments made by the Artist always serve to settle all interest and costs due and subsequently serve to settle the claim or invoice that has been outstanding the longest, even if the Artist states that the payment relates to a later invoice. 
9. If the Artist has, or will receive, one or more claims against Evenses BV, the Artist will waive the right to set off with regard to these claims. The aforementioned waiver of the right to setoff also applies if the Artist applies for (provisional) suspension of payment or is declared bankrupt. 
10. The Artist undertakes never to make direct payments to Evenses BV towards a Supplier, unless otherwise agreed.

 

Article 28 - Liability and indemnity

1. Evenses BV and its Artists can never be held liable by the Client for any damage, of whatever nature and indifferently caused by whatever cause, except in the case of obvious intent and / or gross negligence of Evenses BV or its managers. If and insofar as any liability is incumbent on Evenses BV, for whatever reason, this liability is at all times limited to the amount of the amount invoiced to the Client by Evenses BV at that time by virtue of the relevant order or if this should not have been the amount to be invoiced.
2. Evenses BV and can never be held liable by the Artist for any damage, of whatever nature and indifferent by whatever cause arise, except in the case of obvious intent and / or gross negligence of Evenses BV or its managers. If and insofar as any liability is incumbent on Evenses BV, for whatever reason, this liability is at all times limited to the amount of the amount invoiced to the Client by Evenses BV at that time by virtue of the relevant order or if this should not have been the amount to be invoiced.
3. Evenses BV is not liable vis-à-vis the Client in the event of loss, theft and / or damage to the money and / or goods belonging to the Client during the event. 
4. Evenses BV is not liable towards the Artist in case of loss, theft and / or damage to the money and / or goods belonging to the Client during the event.
5. The Client is liable for any damage to and / or loss of goods delivered by Evenses BV or by third parties - whether or not against payment - to the Client, as well as for damage to and / or loss of used items for the benefit of the occurrence of Evenses BV. For example: light- and sound installations, other equipment and / or possessions of Evenses BV and the service Artists, hired or not. Liability of the Client is also in case of power failure, leakage, unsafe acting public etcetera. The Client indemnifies Evenses BV and the Artists service for any claim in this respect.
4. In the case of Extra Work and / or Force Majeure (as referred to in Article 15), all (dis) costs of Evenses BV, including all (on) costs of third parties, whether or not engaged by Evenses BV, will be fully forfeited. account of the Client. The Client indemnifies Evenses BV and its Artists against third parties for any claim in this respect.
5. Without prejudice to the authority of Evenses BV to demand from the Other Party (partial) fulfilment or dissolution of the agreement, the Other Party is fully liable for all damage, including consequential damage, of Evenses BV, arising from not or not fully comply with any guarantee and / or obligation stated in these General Terms and Conditions. The Other Party indemnifies Evenses BV against third parties for any claim in this respect. 
6. The Client must take out adequate insurance in the context of the elaboration of the Agreement or the Performance. 
7. The Artist must take out adequate insurance in the context of the performance of the Agreement or the Performance.
8. Any liability of Evenses BV is limited to a maximum of the agreed invoice sum. Evenses BV is never obliged to pay compensation which exceeds the insured amount, insofar as the damage is covered by an insurance taken out by Evenses BV. In all cases, the period within which Evenses BV can be held liable for compensation for damage is limited to 6 months. 
9. The Client loses his rights against Evenses BV and is liable for all damages and indemnifies Evenses BV against any claim by third parties in respect of damages if and insofar as: 
a. The aforementioned damage has arisen because the Client has provided incorrect and / or incomplete information Evenses BV / or Artist has provided;
b. The aforementioned damage arose because the Client did not act in accordance with the instructions and / or advice given by Evenses BV and / or Artist; 
c. The aforementioned damage has arisen due to errors or inaccuracies in data, materials, information carriers, etc. that have been provided and / or prescribed to Evenses BV by or on behalf of the Client. 
10. The Artist loses his rights to Evenses BV and is liable for all damage and indemnifies Evenses BV against any claim by third parties in respect of damages if and insofar as: 
a. The aforementioned damage has arisen because the Artist has provided incorrect and / or incomplete information Evenses BV and / or third party (parties) has provided;
b. The aforementioned damage arose because the Artist did not act in accordance with the instructions and / or advice given by Evenses BV and / or third party; 
c. The aforementioned damage has been caused by errors or inaccuracies in data, materials, information carriers, etc. that have been provided and / or prescribed by or on behalf of the Artist to Evenses BV.

 

Article 29 - Dissolution

1. Evenses BV is entitled to dissolve the concluded agreement, therefore without notice of default or judicial intervention and without becoming liable in this matter, if: 
a. The bankruptcy of one of the parties is pronounced or has been applied for or the application of the Debt Rehabilitation Natural Persons Act is pronounced; 
b. One of the parties applies for suspension of payment or that this is granted to him; 
c. One of the parties loses power or a substantial part of it through seizure or otherwise; 
d. Evenses BV has valid reasons to doubt the ability of the Client to (timely) fulfil his obligations.
e. Evenses BV has valid reasons to doubt the ability of the Artist to (timely) fulfil his obligations. 
2. If the case occurs as described above in paragraph 1 of this article, any claim against the Other Party will be immediately due and payable.

 
Article 30 - Force majeure and impracticability

1. Unforeseen circumstances of any kind whatsoever, as a result of which Evenses BV and the services of Artists cannot fulfil its obligations under the agreement concluded with the Other Party, not timely or not without additional efforts and / or costs that are adversely affecting its opinion, will Evenses BV apply as force majeure. Unforeseen circumstances also include: 
Mobilization, war, molestation, terrorism; 
Fire, power failure, leakage, accident or other incidents; 
A day of national mourning; 
Contingent or other government measures; 
Work strike; 
Natural disasters; 
Disease of Evenses BV and / or service Artists;
Failure, late or incorrect compliance by a third party, of which Evenses BV is dependent on the execution of the agreement, on its obligations towards Evenses BV. 
With due observance of article 13 paragraph 5 of these conditions, Evenses BV is entitled in the event of force majeure: 
a. To dissolve the agreement with the Other Party (in part), by means of a simple written notification thereof to the Other Party, therefore without judicial intervention and without that Evenses BV thereby becomes liable to the Other Party;
b. or, in consultation with the Client, to shift the event and / or action of Evenses BV to a new time or date. Insofar as this concerns Meerwerk, Article 3, paragraph 4 of these General Terms and Conditions applies. 
2. Failure to obtain any necessary permit (s) and / or exemption (s) on the part of the Client shall not constitute a force majeure for the Client.
3. In the event that the Client in any way remains in default towards Evenses BV to promptly comply with its obligations, in case of suspension of payment, application for (provisional) suspension of payment, bankruptcy, executory attachment, bankruptcy or liquidation of the company of the company. Client, all amounts due to Evenses BV by virtue of any contract shall immediately and fully due and payable.
4. In the event that the Client in any way remains in default towards Evenses BV to promptly comply with its obligations, in case of suspension of payment, application for (provisional) suspension of payment, bankruptcy, executory attachment, bankruptcy or liquidation of the company of the company. Client, all amounts due to Evenses BV by virtue of any contract shall immediately and fully due and payable.

 

Article 31 - Incompatibility / gaps

If one or more provisions of these General Terms and Conditions should or become non-binding, for example in the event that it could be established in court that it concerns an unreasonably onerous clause, the other provisions will remain in full force. In that case, the parties undertake to replace a non-binding provision by a provision that is binding and that deviates as little as possible from the non-binding provision, in view of the purpose and the scope of these General Terms and Conditions.

 

Article 32 - Conditions for construction and dismantling

1. Presence of stairs or a lift between the loading place and the playground and walking distance 
The presence of stairs of at least three steps between the loading / unloading area and the location of the performance must be submitted in advance by the Client to Evenses BV. In the event of the presence of stairs of at least three steps between the loading / unloading area and the location of the performance, extra carrying assistance (at least 2 persons) will be provided by the Client, both before and after the performance.
2. If no extra lugging assistance is provided by the Client, the assignment may not be possible. However, the payment obligations of the client remain in full force. If there is no carry-over assistance present prior to an occurrence and / or afterwards, additional costs will be charged of at least € 350. If, due to the absence of this carry-over aid for Evenses BV, additional costs arise or third parties charge costs that are indirectly incurred. As a result of the situation that has arisen, these costs will also be charged and the client is also obliged to pay these costs. The assessment of whether there is adequate carry-over assistance is at all times at Evenses BV.
3. In the case of a proper lift between the loading site and the location of the action, the above obviously does not apply. It should be noted that the items must be lifted and the lift must meet the following requirements: the minimum dimensions of a lift must be 90x125x125cm (wxhxd). The door must be at least 80 centimetres wide. The lift must have a lifting capacity of at least 350 kg. Also in this case extra costs will be charged with a minimum of € 150, -.
4. If the distance of the loading / unloading area and the location where the artist will take care of the performance is longer than 25 meters and / or if the loading route is not properly paved, this must be provided in advance by the client to the artist and to Muziekverzorging.nl to be reported, additional loot assistance will be hired. Note, gravel or cobblestones are not considered to be properly hardened, there should be a hardened flat surface. Additional costs will be charged for this extra carry-over aid. Delays or non-occurrence caused by the fact that the requirements mentioned here are not or insufficiently met can never lead to recourse to any damage to the artist or to Muziekverzorging.nl. Any parking costs are at the expense of the Client.
5. Additional conditions for the rental of the illuminated dance floor
For the rental of a dance floor, the following special conditions apply in addition to the conditions already mentioned. The surface where the floor must be placed must be hardened and completely smooth. The access to the place where the floor is to be placed must be completely hardened and free of thresholds, steps / steps or other obstacles that could impede the transport of the flight cases in which the floor is being transported. If these conditions are not met, this may result in the floor not being able to be placed. This does not change the obligations of the client. It is not allowed to smoke on the floor. Damage caused to the floor by a smouldering cigarette, sparklers or other burning or strongly heated items is at all times fully at the expense of the client.